Founded in 1959, Liever, Hyman & Potter was the first Berks County firm to devote its practice exclusively to personal injury and medical malpractice cases. Since then, the firm has won thousands of awards and settlements for victims and their families.
No. 14216
Our client, a middle aged woman, was driving home from work at night when an underage intoxicated driver swerved into the path of our client's car, causing a violent crash. Our client was life flighted to a nearby hospital where she was treated for multiple serious injuries. Although she substantially recovered, she underwent surgeries including a joint replacement. Suit was brought against the underage drunk driver and the restaurant that was responsible for serving her. The case was settled for $2,450,000.
No. 14472
A car was driving down a steep hill on a state roadway when the driver allowed her vehicle to edge off the road surface to the right. There was a drop off and no berm. When she tried to correct her steering she lost control, went across the roadway and crashed in a ditch. Our firm represented the estate of a deceased passenger against the driver and the Highway Department responsible for roadway design and maintenance. We obtained a settlement of over $1,400,000 for the deceased's family.
Client 12640
A dump truck crossed the center of the roadway and struck our client’s
SUV. The SUV’s driver, who was an office manager, suffered multiple fractures.
We obtained a policy-limit settlement of $500,000 from the truck driver’s
insurance, $800,000 from our client’s underinsured motorist coverage,
and a further settlement of $200,000 from our client’s workers’ compensation
insurance company. The total settlement was over $1,500,000.
No. 15824
On the way to work, a client was waiting for traffic to clear in order to turn left into a parking lot. A large commercial vehicle traveling behind the our client’s car failed to stop and swerved into the oncoming lane as our client attempted her turn. The terrible crash resulted in massive injuries including multiple fractures and a head injury. Settlement exceeded $1,100,000.
Client 12560
In order to avoid a rear end collision with a school bus, a truck driver drove
his rig into the oncoming lane, resulting in a head-on collision with our
client , who suffered neurological and physical injuries. The settlement
against the trucking company was $1,240,000.
Client 13270
A young man, a computer specialist for a furniture company, was injured when
his car was rear ended by a truck operated by an excavating company. He suffered
lower back injury, but had pre-existing congenital conditions, and his original
attorney was making little progress trying to negotiate with the excavators’ insurance
company. Also, his employer was able to accommodate his restrictions, so
work loss was minimized even though he had significant pain from the accident.
The young man came to Liever, Hyman & Potter. Despite our client’s
congenital conditions, we were able to win a settlement of $300,000.
Client 14670
A Berks County resident was visiting friends in Arizona, when the car in which
she was a passenger became the target of road rage, and was struck by another
vehicle. The woman suffered fractures of a leg, arm, wrist, and shoulder.
We recovered for her the $600,000 policy limit of underinsured motorist coverage,
plus the responsible motorist’s minimum coverage of $15,000.
Client 14292
Our client was driving near Pottstown when on oncoming vehicle veered into
his lane, causing a head-on collision. The severe lower leg and ankle fractures
that our client suffered ultimately resulted in his leg having to be amputated
below the knee. The settlement for total liability and underinsured motorist
coverage was $600,000.
Client 11541
A man was riding his motorcycle to a local bank on a Saturday morning, when
he was struck by an auto that pulled out from a stop sign at a dangerous
intersection. Our client, who was a factory worker, suffered brain injury.
The $1,040,000 settlement we won for him included the maximum that could
be collected from the state, as well as from the municipality, as a result
of improper highway design. We also obtained the policy limit for vehicle
driver’s negligent operation.
Client 13364
Our client, a prison guard, was taking a recreational ride on his motorcycle
when the driver of a car made a left turn directly in from of him. Our client
suffered serious leg injuries. The policy limit settlements from the negligent
motorist and underinsured motorist coverage totaled $365,000.
No. 16026
A 49 yr. old unemployed laborer suffered multiple injuries when a beer truck crossed the center line and struck his vehicle. The insurer for the beer distributor paid $900,000.00 to compensate our client for his injuries.
Client 12266
A motorcyclist was riding on a rural road when a woman driving in the opposite
direction turned in front of him. The man suffered severe injuries to his
face and leg. The recovery from the liability and underinsured motorist carriers
totaled $500,000.
Client 12409
A man and woman passenger were riding on a motorcycle at night. As they rode
down a country road, the passenger was struck in the face by an overhanging
branch, causing massive facial injuries. From the owner of the property on
which the tree was located, we recovered a $500,000 policy limit. We also
won $450,000 from the township responsible for maintaining the road and trimming
overhanging trees.
Client 13978
A motorcyclist was riding on Route 61 when a New Jersey motorist going the
opposite way turned in from of him. The severe, permanent injuries that our
client suffered to his shoulder and arm were disabling, and he was unable
to return to work. We won for him a settlement of $600,000.
Client 11742
A man was driving south on Route 61 when a northbound car crossed the center
line and hit our client’s vehicle head-on. Our client suffered disabling
injuries to one leg. The other driver had minimum coverage, but our claim
against PennDOT for failure to erect a median barrier in this dangerous area
resulted in a recovery of over $400,000.
Client 14188
A worker at a nuclear power plant suffered a herniated disc while lifting.
The employer disputed the claim, contending that the disc was merely bulging,
and not herniated. We won a workers’ compensation settlement of $160,000.
Client 13984
A cable company employee was standing at the top of a ladder, performing a
residential cable disconnect, when a car attempting to drive around his company
van struck his ladder. Our client’s fall resulted in serious wrist
fractures and other injuries. We obtained a $175,000 settlement against the
responsible motorist and our client’s underinsured motorist insurance
company, plus $120,000 from our client’s workers’ compensation
insurance company.
Client 12605
A worker at a feed mill injured his lower back while lifting an 80-pound bag
of salt. Bulging discs prevented him from returning to heavy labor. We won
a workers’ compensation settlement of $165,000.
Client 10957
A subcontractor was hired by a manufacturer to paint a tank at the plant. While
he was working, the tank exploded, severely burning our client. To build
this complex case, we hired a number of expert witnesses to address the safety
precautions that should have been taken, as well as a film crew to develop
a “day in the life” video documenting the debilitating affects
of the injuries upon our client’s life. We won a settlement of $1,900,000.
Client 10472
An insurance agent was killed in a motor vehicle accident while en route to
make a call on a prospective customer. He represented several different companies.
His widow retained us but did not know exactly where her husband was going
that night or for which insurance company he was making the call. Through
our investigation, we were able to determine the prospective customer, and
took that person’s deposition testimony to be used in the workers’ compensation
case to claim benefits for the widow and surviving children. Through the
litigation we were able to establish that the deceased was indeed an employee
and not an independent contractor, and that he was in the course and scope
of his employment at the time of his death. The widow continues to receive
benefits to this day.
Client 13028
A tractor trailer driver was injured while making a delivery of the load. He
was under a lease agreement with the trucking company whereby he provided
the tractor that he operated. Following his injury, the employer unilaterally
determined that only one-third of the lease payment represented wages to
the driver for purposes of calculating his average weekly income, which establishes
the amount of workers’ compensation benefits to which he is entitled.
Through litigation we were able to establish that the lease agreement did
not make such an apportionment. The Judge agreed with our calculation that
reduced the lease payment only by the amount of his costs incurred so as
to arrive at a more accurate calculation of average weekly wage. As a result
of being able to increase the value of the average weekly wage, the claim
was resolved for $140,000.
Client 11310
Following a chemical spill, a worker began to suffer from headache pain, dizziness
and fatigue. The insurance company denied his claim for benefits when he
was no longer able to work. Through medical testimony, we were able to establish
that he was suffering from multiple chemical sensitivity. Although the diagnosis
is not universally accepted in the medical community, we were able to obtain
a qualified expert to not only treat the client, but also to provide expert
testimony. He continues to receive benefits to this day despite subsequent
efforts by the insurance company to terminate his compensation.
Client 12307
Our client was legally blind almost from birth. His employer was able to accommodate
his blindness and have him work until he suffered a neck injury that required
surgery. In an effort to modify or suspend the workers’ compensation
benefits being paid to him, a labor market survey was performed in which
the defendant-insurance company alleged that the client was able to work
various positions, such as security guard watching TV monitors or as a hotel
clerk. We defended the petition on the basis that his legal blindness had
to be taken into consideration to determine what his “residual earning
capacity” was at the time. Although the workers’ compensation
Judge found against the client, we appealed the matter and, because of the
strength of our case, the claim settled for $120,000. The settlement was
fashioned in such a way that it maximized social security disability benefits.
Client 14111
As a result of a work injury, our client had undergone neck surgery, which
resulted in a two-inch scar in the wrinkle crease of his neck. In workers’ compensation,
disfigurement of the face, head and neck can result in an additional specific
loss benefit over and above benefits payable for the period of disability.
As a result of litigation filed on his behalf, the claimant received $12,500.00
for the scar.
Client 12336
A plastic tube had struck our client in the head with severe force, causing
head and neck injuries. After receiving total disability benefits for a period
of time, the insurance company attempted to modify or suspend his compensation
based upon a labor market survey. However, the vocational consultant hired
by the insurance company failed to test our client. We hired our own vocational
expert to perform cognitive testing of the claimant, which disclosed that
he had weaknesses in his ability to process information. As a result, the
Judge ruled in favor of our client.
Client 12676
While working on a trailer and using a 20 pound sledge hammer, our client’s
left hand let go of the handle as he was swinging the hammer forward with both
hands from above his head. As he missed the object he was intending to strike,
the continued swing pulled on his right shoulder, resulting in significant
pain. He underwent surgery to repair a tear in the shoulder, and also underwent
right carpal tunnel release. As a result of the injury, the client also developed
brachial plexopathy (also known as thoracic outlet syndrome), myofascial pain,
adhesive capsulitis of the right shoulder, complex regional pain syndrome (also
known as reflex sympathetic dystrophy), adjustment disorder and depressive
disorder. Yet the insurance company’s notice of compensation payable
described his injury simply as a “sprain/strain of the right shoulder.” We
filed a petition for review to correct the description of injuries so that
proper medical treatment would not only be received but also paid for by the
insurance company. Through our taking of testimony of multiple medical experts
on his behalf, the workers’ compensation Judge amended the description
of injury so as to allow the client to receive proper medical treatment. He
continues to receive benefits to this day.
Client 10941
Volunteer firemen are considered employees of the municipality they serve.
Following the placement of snow chains on the fire trucks of the borough’s
fire company, the volunteer fireman suffered a fatal heart attack. Through
our retention of a medical expert and the providing of his testimony, the
workers’ compensation Judge awarded death benefits to the surviving
widow. She continues to receive those benefits to this day.
Client 14465
Our client had suffered a work injury but had returned to light duty work under
restrictions. When his local plant closed, he was paid a severance payment,
and the insurance company filed a notice of benefit off-set to reduce his
workers’ compensation benefits by the amount of the severance payments,
alleging that the release the client signed included releasing multiple rights
under multiple statutes, both state and federal. We filed a petition to review
the benefit off-set. Following our litigation and argument, the defendant
agreed with our position in that it was not clear under the severance agreement
what portion of the payment was for actual severance benefits or what constituted
payment for his giving up various rights. The client is currently receiving
full benefits.
Client 14055
Our client had suffered a non-work-related back injury for approximately one
year, when during the course of employment, he herniated a lumbar disc while
lifting a 40-pound weight. His claim was denied on the basis that it was
a reoccurrence of his prior condition and did not represent a new compensable
work injury. Through litigation we were able to establish by the medical
testimony that it was indeed a new injury. Workers’ compensation benefits
for total disability have been paid.
Client 14153
A waitress developed neck pain while trying to lift a heavy tray of dishes
in a tight space. When she started to miss time from work approximately a
month and a half later, an issue arose as to whether or not the time off
from work was actually from the injury. Another law firm filed a claim petition,
but she was not satisfied with their services. She retained a second firm
who did not then want to represent her, but rather was recommending a low
settlement. After being represented by us, the claim proceeded with the taking
of medical testimony and an award of compensation was then made to her by
the workers’ compensation Judge.
Client 10033
An estimator for a local firm had a long history of arthritis in his right
knee. One day at work, his desk broke, causing him to fall backward and strike
the right knee against the desk. Thereafter, it was necessary that he have
a knee replacement. The claim for disability arising from that knee replacement
surgery was denied on the basis that the surgery was due to his pre-existing
arthritic condition and not from what happened at work. However, through
medical testimony we were able to establish that the work event aggravated
his pre-existing condition and accelerated the need for the knee replacement
surgery thus resulting in an award for compensation. He continues to receive
benefits to this day.
Client 10058
A nurse at a local hospital developed breathing problems as a result of being
exposed to latex. Her claim was initially denied, but through medical testimony
we were able to establish that she was suffering from a latex allergy as
a result of her employment. She returned to work with subsequent employers
but would suffer reoccurrences with each exposure. Claims were pursued until,
through litigation, a lump sum payment of $100,000 was made to her.
Client 10064
A worker at a local manufacturing firm suffered a work injury that was described
in the notice of compensation payable as a “strain/non specific/pain
bilateral wrist.” As his disability continued, it was actually determined
that he was suffering from right greater than left thoracic outlet syndrome.
Following litigation in which disability benefits were awarded and the claim
was ultimately resolved for $115,000.
Client 10007
A construction worker was on the job when the fiberglass stepladder on which
he was standing collapsed, shattering his heel. We won a settlement of $900,000.
Client 13119
On her way to work one morning, a young woman was robbed in a parking lot.
As she tried to fight off her assailant, she suffered a leg injury. Our investigation
found that the parking lot gate was inoperative, so it was left open. The
robber was never apprehended, but we obtained a settlement of $100,000 from
the owner of the parking lot.
No. 13513
A 37 yr. old construction worker was on the job site when a staircase on which he was standing collapsed. His ankle was shattered. We obtained a settlement of $1,085,000.00 against the owner/general contractor, framer and another subcontractor.
Client 9004
Our client was at a self-service gas station to get fuel, when he slipped on
a patch of ice near the pumps. As a result of the fall, he dislocated his
shoulder. Despite the gas company fighting the case, we won for our client
a verdict of $75,000.
No. 13276
A local businesswoman was walking an elderly customer back to her car when she tripped on a buckled sidewalk that was located at the border between two different owners' sidewalks. Our client hit her face and suffered facial fractures that required surgery. Each property owner blamed the other for the dangerous condition. A settlement was achieved in the amount of $100,000 paid equally by the insurance companies for each owner.
Client 10225
A medical laboratory was negligent in performing a pap smear, which caused
delay in the diagnosis of cancer. We obtained an $800,000 settlement from
the laboratory.
Client 12216
Following neck surgery, our client, who was a plumber, developed an infection
that was not detected. Because of the delay in diagnosis, the infection was
able to attack his spinal cord, which resulted in paralysis. Working with
our litigation partners, a $2,000,000 settlement was obtained just before
the trial was scheduled to begin.
No. 14317
A lifelong smoker was sent to the hospital for a chest x-ray. The x-ray showed a suspicious gray area, but the client was not told and no additional testing was done at that time. When she was x-rayed two years later, she found that she had incurable lung cancer. She died a year after that. Liever, Hyman and Potter and our litigation partners were retained. A highly qualified expert physician reviewed the two x-rays and was prepared to testify as to the increased risk of harm caused by the delay in diagnosis of lung cancer. A settlement was obtained in the amount of $450,000.
Client 12640
When she was an infant, her doctor failed to diagnose congenital dislocated
hips. As a teenager, she suffered harm when a nerve was injured during surgery.
At the age of 20, as the client of Liever, Hyman & Potter and our litigation
partners, she won a $1,000,000 verdict plus delay damages.
Client 10920
A young man in his 20’s underwent lower back surgery. During the procedure,
a metal screw perforated a blood vessel. The problem was not promptly diagnosed.
Additional surgeries to correct the injuries to his blood vessel caused serious
swelling of his leg and severe pain. Our firm and litigation partners obtained
a $1,000,000 verdict and judgment for our client.
Clients 12176 and 12537
Two prematurely born infants in a hospital were given the wrong medication.
One died, and the other suffered severe trauma. The total settlement we and
our litigation partners obtained from the hospital was $3,000,000.
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